Common use of Performance for Company Clause in Contracts

Performance for Company. The Company agrees and hereby authorizes that Secured Party may, in Secured Party’s sole discretion, but Secured Party shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of the Company in order to insure the Company’s compliance with any covenant, warranty, representation or agreement of the Company made in or pursuant to this Agreement, the Guaranty, the Purchase Agreement, or any other Transaction Documents, to continue or complete, or cause to be continued or completed, performance of the Company’s obligations under any Contracts of the Company, or to preserve or protect any right or interest of Secured Party in the Collateral or under or pursuant to this Agreement, the Guaranty, the Purchase Agreement or any other Transaction Documents, including, the payment of any insurance premiums or taxes and the satisfaction or discharge of any Claim, Obligation, Judgment or any other Encumbrance upon the Collateral or other property or Assets of Company; provided, however, that the making of any such advance by Secured Party shall not constitute a waiver by Secured Party of any Event of Default with respect to which such advance is made, nor relieve the Company of any such Event of Default. The Secured Party shall use its good faith efforts to provide written notice (either before or after any advances or payments are made) to the Company of any advances or payments made on behalf of the Company under this Section 8(a), provided, however, failure of the Secured Party to give such written notice, whether before or after the advance or payment is made, shall in no way impair, hinder or otherwise be deemed any kind of default by Secured Party, nor shall any such failure be deemed any kind of waiver by Secured Party of any of its rights or remedies. The Company shall pay to Secured Party upon demand all such advances made by Secured Party with interest thereon at the highest rate set forth in the Debenture, or if none is so stated, the highest rate allowed by law. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Secured Party hereunder; provided, however, that the provisions of this Subsection shall survive the termination of this Agreement and Secured Party’s security interest hereunder and the payment of all other Obligations.

Performance for Company. The Company agrees and hereby authorizes that Secured Party may, in Secured Party’s 's sole discretion, but Secured Party shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of the Company Company, without prior notice to the Company, in order to insure the Company’s 's compliance with any covenant, warranty, ,· representation or agreement of the Company made in or pursuant to this Agreement, the Guaranty, the Purchase Agreement, or any other Transaction Documents, to continue or complete, or cause to be continued or completed, performance of the Company’s 's obligations under any Contracts of the Company, or to preserve or protect any right or interest of Secured Party in the Collateral or under or pursuant to this Agreement, the Guaranty, the Purchase Agreement or any other Transaction Documents, including, the payment of any insurance premiums or taxes tmces and the satisfaction or discharge of any Claim, Obligation, Judgment or any other Encumbrance upon the Collateral or other property or Assets of Company; provided, however, that the making of any such advance by Secured Party shall not constitute a waiver by Secured Party of any Event of Default with respect to which such advance is made, nor relieve the Company of any such Event of Default. The Secured Party shall use its good faith efforts to provide written notice (either before or after any advances or payments are made) to the Company of any advances or payments made on behalf of the Company under this Section 8(a), provided, however, failure of the Secured Party to give such written notice, whether before or after the advance or payment is made, shall in no way impair, hinder or otherwise be deemed any kind of default by Secured Party, nor shall any such failure be deemed any kind of waiver by Secured Party of any of its rights or remedies. The Company shall pay to Secured Party upon demand all such advances made by Secured Party with interest thereon at the highest rate set forth in the Debenture, or if none is so stated, the highest rate allowed by law. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Secured Party hereunder; provided, however, that the provisions of this Subsection shall survive the termination of this Agreement and Secured Party’s 's security interest hereunder and the payment of all other Obligations. Notwithstanding anything contained in this Section 8(a) to the contrary, the Secured Party agrees that it shall not directly pay any of the fees or costs allowed to be paid by the Secured Party under this Section 8(a) unless the Secured Party first makes written demand to the Company for payment of same, and if the Company fails to pay such fees or costs within ten (10) days from the date the Secured Party notifies the Company that such fees or costs are due, then the Secured Party may (but shall have no obligation to do so) pay such fees and costs in accordance with this Section 8(a).

Performance for Company. The Company agrees and hereby authorizes that Secured Party may, in Secured Party’s sole discretion, but Secured Party shall not be obligated to, whether or not upon the occurrence of an Event of Default shall have occurredDefault, advance funds on behalf of the Company Company, without prior notice to the Company, in order to insure the Company’s compliance with any covenant, warrantywarranty , representation or agreement of the Company made in or pursuant to this Agreement, the Guaranty, the Purchase Agreement, or any other Transaction Documents, to continue or complete, or cause to be continued or completed, performance of the Company’s obligations under any Contracts of the Company, or to preserve or protect any right or interest of Secured Party in the Collateral or under or pursuant to this Agreement, the Guaranty, the Purchase Agreement or any other Transaction Documents, including, the payment of any insurance premiums or taxes and the satisfaction or discharge of any Claim, Obligation, Judgment or any other Encumbrance upon the Collateral or other property or Assets of Company; provided, however, that the making of any such advance by Secured Party shall not constitute a waiver by Secured Party of any Event of Default with respect to which such advance is made, nor relieve the Company of any such Event of Default. The Secured Party shall use its good faith efforts to provide written notice (either before or after any advances or payments are made) to the Company of any advances or payments made on behalf of the Company under this Section 8(a), provided, however, failure of the Secured Party to give such written notice, whether before or after the advance or payment is made, shall in no way impair, hinder or otherwise be deemed any kind of default by Secured Party, nor shall any such failure be deemed any kind of waiver by Secured Party of any of its rights or remedies. The Company shall pay to Secured Party upon demand all such advances made by Secured Party with interest thereon at the highest rate set forth in the Debenture, or if none is so stated, the highest rate allowed by law. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Secured Party hereunder; provided, however, that the provisions of this Subsection shall survive the termination of this Agreement and Secured Party’s security interest hereunder and the payment of all other Obligations.

Performance for Company. The Company agrees and hereby authorizes that Secured Party may, in Secured Party’s sole discretion, but Secured Party shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of the Company , without prior notice to the Company, in order to insure the Company’s compliance with any covenant, warrantywarranty , representation or agreement of the Company made in or pursuant to this Agreement, the Guaranty, the Purchase Subscription Agreement, or any other Transaction Documents, to continue or complete, or cause to be continued or completed, performance of the Company’s obligations under any Contracts of the Company, or to preserve or protect any right or interest of Secured Party in the Collateral or under or pursuant to this Agreement, the Guaranty, the Purchase Subscription Agreement or any other Transaction Documents, including, the payment of any insurance premiums or taxes and the satisfaction or discharge of any Claim, Obligation, Judgment or any other Encumbrance upon the Collateral or other property or Assets of Company; provided, however, that the making of any such advance by Secured Party shall not constitute a waiver by Secured Party of any Event of Default with respect to which such advance is made, nor relieve the Company of any such Event of Default. The Secured Party shall use its good faith efforts to provide written notice (either before or after any advances or payments are made) to the Company of any advances or payments made on behalf of the Company under this Section 8(a), provided, however, failure of the Secured Party to give such written notice, whether before or after the advance or payment is made, shall in no way impair, hinder or otherwise be deemed any kind of default by Secured Party, nor shall any such failure be deemed any kind of waiver by Secured Party of any of its rights or remedies. The Company shall pay to Secured Party upon demand all such advances made by Secured Party with interest thereon at the highest rate set forth in the Debenture, or if none is so stated, the highest rate allowed by law. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Secured Party hereunder; provided, however, that the provisions of this Subsection shall survive the termination of this Agreement and Secured Party’s security interest hereunder and the payment of all other Obligations.

Performance for Company. The Company agrees and hereby authorizes that Secured Party may, in Secured Party’s 's sole discretion, but Secured Party shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of the Company in order to insure the Company’s 's compliance with any covenant, warranty, representation or agreement of the Company made in or pursuant to this Agreement, the Guaranty, the Purchase Agreement, or any other Transaction Documents, to continue or complete, or cause to be continued or completed, performance of the Company’s 's obligations under any Contracts of the Company, or to preserve or protect any right or interest of Secured Party in the Collateral or under or pursuant to this Agreement, the Guaranty, the Purchase Agreement or any other Transaction Documents, including, the payment of any insurance premiums or taxes and the satisfaction or discharge of any Claim, Obligation, Judgment or any other Encumbrance upon the Collateral or other property or Assets of Company; provided, however, that the making of any such advance by Secured Party shall not constitute a waiver by Secured Party of any Event of Default with respect to which such advance is made, nor relieve the Company of any such Event of Default. The Secured Party shall use its good faith efforts to provide written notice (either before or after any advances or payments are made) to the Company of any advances or payments made on behalf of the Company under this Section 8(a), provided, however, failure of the Secured Party to give such written notice, whether before or after the advance or payment is made, shall in no way impair, hinder or otherwise be deemed any kind of default by Secured Party, nor shall any such failure be deemed any kind of waiver by Secured Party of any of its rights or remedies. The Company shall pay to Secured Party upon demand all such advances made by Secured Party with interest thereon at the highest rate set forth in the Debenture, or if none is so stated, the highest rate allowed by law. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Secured Party hereunder; provided, however, that the provisions of this Subsection shall survive the termination of this Agreement and Secured Party’s 's security interest hereunder and the payment of all other Obligations.

Performance for Company. The Company agrees and hereby authorizes that Secured Party may, in Secured Party’s 's sole discretion, but Secured Party shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of the Company Company, without prior notice to the Company, in order to insure the Company’s 's compliance with any covenant, warranty, representation or agreement of the Company made in or pursuant to this Agreement, the Guaranty, the Purchase Agreement, or any other Transaction Documents, to continue or complete, or cause to be continued or completed, performance of the Company’s 's obligations under any Contracts of the Company, or to preserve or protect any right or interest of Secured Party in the Collateral or under or pursuant to this Agreement, the Guaranty, the Purchase Agreement or any other Transaction Documents, including, the payment of any insurance premiums or taxes and the satisfaction or discharge of any Claim, Obligation, Judgment or any other Encumbrance upon the Collateral or other property or Assets of Company; provided, however, that the making of any such advance by Secured Party shall not constitute a waiver by Secured Party of any Event of Default with respect to which such advance is made, nor relieve the Company of any such Event of Default. The Secured Party shall use its good faith efforts to provide written notice (either before or after any advances or payments are made) to the Company of any advances or payments made on behalf of the Company under this Section 8(a), provided, however, failure of the Secured Party to give such written notice, whether before or after the advance or payment is made, shall in no way impair, hinder or otherwise be deemed any kind of default by Secured Party, nor shall any such failure be deemed any kind of waiver by Secured Party of any of its rights or remedies. The Company shall pay to Secured Party upon demand all such advances made by Secured Party with interest thereon at the highest rate set forth in the Debenture, or if none is so stated, the highest rate allowed by law. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Secured Party hereunderhereunder ; provided, however, that the provisions of this Subsection shall survive the termination of this Agreement and Secured Party’s 's security interest hereunder and the payment of all other Obligations.

Performance for Company. The Company agrees and hereby authorizes that Secured Party may, in Secured Party’s 's sole discretion, but Secured Party shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of the Company Company, without prior notice to the Company, in order to insure the Company’s 's compliance with any covenant, warranty, representation or agreement of the Company made in or pursuant to this Agreement, the Guaranty, the Purchase Agreement, or any other Transaction Documents, to continue or complete, or cause to be continued or completed, performance of the Company’s 's obligations under any Contracts of the Company, or to preserve or protect any right or interest of Secured Party in the Collateral or under or pursuant to this Agreement, the Guaranty, the Purchase Agreement or any other Transaction Documents, including, the payment of any insurance premiums or taxes and the satisfaction or discharge of any Claim, Obligation, Judgment or any other Encumbrance upon the Collateral or other property or Assets of Company; provided, however, that the making of any such advance by Secured Party shall not constitute a waiver by Secured Party of any Event of Default with respect to which such advance is made, nor relieve the Company of any such Event of Default. The Secured Party shall use its good faith efforts to provide written notice (either before or after any advances or payments are made) to the Company of any advances or payments made on behalf of the Company under this Section 8(a), provided, however, failure of the Secured Party to give such written notice, whether before or after the advance or payment is made, shall in no way impair, hinder or otherwise be deemed any kind of default by Secured Party, nor shall any such failure be deemed any kind of waiver by Secured Party of any of its rights or remedies. The Company shall pay to Secured Party upon demand all such advances made by Secured Party with interest thereon at the highest rate set forth in the DebentureNote, or if none is so stated, the highest rate allowed by law. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Secured Party hereunder; provided, however, that the provisions of this Subsection shall survive the termination of this Agreement and Secured Party’s 's security interest hereunder and the payment of all other Obligations.

Performance for Company. The Company agrees and hereby authorizes that Secured Party may, in Secured Party’s sole discretion, but Secured Party shall not be obligated to, whether or not an Event of Default shall have occurred, advance funds on behalf of the Company in order to insure the Company’s compliance with any covenant, warranty, representation or agreement of the Company made in or pursuant to this Agreement, the Guaranty, the Purchase Agreement, or any other Transaction Documents, to continue or complete, or cause to be continued or completed, performance of the Company’s obligations under any Contracts contracts of the Company, or to preserve or protect any right or interest of Secured Party in the Collateral or under or pursuant to this Agreement, the Guaranty, the Purchase Agreement or any other Transaction Documents, including, the payment of any insurance premiums or taxes and the satisfaction or discharge of any Claimclaim, Obligationjudgment, Judgment obligation or any other Encumbrance lien or encumbrance upon the Collateral or other property or Assets assets of Company; provided, however, that the making of any such advance by Secured Party shall not constitute a waiver by Secured Party of any Event of Default with respect to which such advance is made, nor relieve the Company of any such Event of Default. The Secured Party shall use its good faith efforts to provide written notice (either before or after any advances or payments are made) to the Company of any advances or payments made on behalf of the Company under this Section 8(a), provided, however, failure of the Secured Party to give such written notice, whether before or after the advance or payment is made, shall in no way impair, hinder or otherwise be deemed any kind of default by Secured Party, nor shall any such failure be deemed any kind of waiver by Secured Party of any of its rights or remedies. The Company shall pay to Secured Party upon demand all such advances made by Secured Party with interest thereon at the highest rate set forth in the DebentureNote, or if none is so stated, the highest rate allowed by law. All such advances shall be deemed to be included in the Obligations and secured by the security interest granted Secured Party hereunder; provided, however, that the provisions of this Subsection shall survive the termination of this Agreement and Secured Party’s security interest hereunder and the payment of all other Obligations.